Terms & Conditions

ATTENTION: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THIS WEBSITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED

 

These Terms are issued by Digital Heroes SPC(the "Company") for the provision of the Magic Box Services (the "Service") that belongs to the Company.

 

Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which the Service is provided to you by us and applies to the entire contents of the Website and the mobile Website including the entire contents of the Service's SMS messaging system (the "Website") and to any correspondence by SMS or email between you and us. Please read this Agreement carefully before using this Website. By registering with the Service, you become a Member (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. Visitors to the Website (including visitors the mobile website and SMS system) who do not register as a member also agree to be bound by these Terms. If you do not agree to the Terms, please do not register for the Service or otherwise access or use this Website.

 

INTRODUCTION

 

    By accessing any part of the Website, you shall be deemed to have accepted the Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.

    You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website.

    The Company makes no guarantee that the Website will be secure, continuously accessible - without interruption or delay - and completely error free 100% of the time. The Company accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which you might experience on the Website other than as set out in these Terms.

    Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

    The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website.

 

OUR RIGHTS

 

    We reserve the right at any time to:

        Change the terms and conditions of the Agreement;

        Change the Website, including eliminating or discontinuing any content on or feature of the Website;

 

PAYMENT

 

    Our fees are as set out in our Website from time to time. Fees are due in full in advance and are payable in accordance with one of the following structures. Your fees are A. payable on a recurring subscription daily/weekly/monthly basis depending on the billing frequency you opted for; or B. payable in advance if you have opted for lifetime membership where one payment is due in advance; or C. payable on a per message basis if you opted to pay per message; or D. payable on a recurring subscription daily/weekly/monthly basis depending on the billing frequency you opted for plus an additional per message cost.

    As a Member accessing the Service from your mobile phone, you must obtain permission from the bill payer before using the Service.

    As a member accessing the Service from your mobile phone, you agree and understand that all SMS messages sent and/or received in relation to the Service are charged at premium rates. Rates are published in our adverts or in our Website and may change from time to time. You accept that free SMS packages and free minutes from the cellular operators / carriers do not apply. Standard cellular operators MMS rates apply when sending in photographs and standard WAP GPRS rates apply for all data generated when accessing and utilising the Service.

    Upon registering for the Service you will be sent a confirmation message by SMS or e-mail, which contains your confirmation. You must keep a copy of this information as this includes detail of what is required if you want to cancel your agreement.

    Once you have started using the Service you shall not be entitled to any refund unless there is an error in the operation of our program or processes that results in the Service being unavailable for 48 hours or more in any one consecutive period. If you feel that the Service have been defective in any way you must contact our Support Team on the Website, with your reasons for claiming a refund plus a copy of your user registration details and mobile number or email address id Number (without this we will be unable to help).

    Where we agree to a refund, the refund will be made within 30 days of your application. If a refund is granted then this will be on a pro-rated basis for how long you have used the membership. A small administration charge will be deducted from the amount paid.

    In the event that:

        we are unable to process your payment details within three days of the due date;

        your payment is refused; or

        your payment is not cleared the Service will terminate automatically.

 

PROPRIETARY RIGHTS

 

    The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Service and the Website is the exclusive property of the Company.

    Any content contained in sponsor advertisements or any information presented to you through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.

    Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by [or licensed to the Company]. In addition, other Members may post copyrighted information, which has copyright protection wheter or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

    By posting information or content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Service and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

 

 

 

TRADEMARK NOTICES

 

Digital Heroes is the trademark of the Company. All other trademarks, logos, service marks, company or product names set forth in this Website are the property of their respective owners.

 

DISCLAIMER OF WARRANTY

 

    By entering the Website you agree that under no circumstance will the Company or its agents, partners, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person's reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.

    The Company will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.

    The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. THE SERVICE AND THE SITE IS PROVIDED ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH THE SERVICE OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. THE SERVICE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

    The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.

    Material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.

    Advertisements (including banner adverts, SMS and MMS adverts, email adverts and pop-ups) featured on the Website or via email, SMS or MMS do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.

    The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by you. The Company will not be held liable or responsible for any damage to your computer or mobile phone equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Website.

    If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.

    Nothing in these Terms shall exclude any liability of the Company, which cannot be excluded or limited under applicable law.

    Subject to Clause 11.9 you enter the Website entirely at your own risk and if you are dissatisfied with any portion of the Website, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Website.

 

LIMITATION OF LIABILITY

 

    THE SERVICE IS NOT BE LIABLE TO YOU FOR ANY indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE and we shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the SERVICES.

    In addition, the Service disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

    Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

    We shall have no liability to you for any failure to provide the Service to you if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

    Although we have limited our liability in this Clause 12 nothing in these Terms limits our liability for death or personal injury caused by our negligence and nothing affects your legal rights.

 

COMPLAINTS

    To resolve a complaint regarding the Service or the Website, you should contact the Service Customer Support using the Contact for on the Website.

 

UNSUBSCRIPTION

You can cancel anytime by sending Stop to 1741.

 

GENERAL PROVISIONS

 

    The Company may assign the Agreement or subcontract any or all of its rights and obligations under the Agreement. You may not assign, transfer, charge or deal in any other manner with the Agreement or any of its rights under it without the prior written consent of the Service.

    The Agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of the Service.

    A person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available.

    These terms and conditions, their validity, existence or termination, or any other disputes arising in relation to these terms and conditions shall be governed and/or determined in accordance with the law of the Republic of South Africa. As a member you agree to the jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any disputes relating to these terms and conditions.

    These Terms together with our current website prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

    Unless otherwise explicitly stated, the Terms will survive termination of your Membership to the Service.

    If any part of these terms and conditions are unenforceable including any provision in which we exclude our liability to you the enforceability of any other part of these conditions will not be affected.

    The Member certifies that the Member has read and agrees to be bound by these Member Terms and Conditions.

 

 

Privacy Policy

We take your privacy seriously. We follow the procedures set out in this policy when using your information.

By using this Website to give us your information you accept the terms of and consent to us using your information in accordance with this policy. We will notify you of any changes to this policy by posting them on the Website.

 

Your e-mail address or mobile number will not be made available to any other members who use the Service. All communication between members is via the Website through an internal mailbox or via SMS. You will be notified of any communications in the internal mailbox to you via email address or by SMS when applicable.

 

We do our best to ensure that all information held relating to you is kept up-to-date, accurate and complete. However we also rely on you to notify us if your information requires updating or deleting.

 

Use of Cookies

 

Unless you have indicated your objection when disclosing your information to us, our system will issue cookies to your computer or mobile phone when you log on to the Website. Cookies are small amounts of information regarding your browsing habits, which we store on your computer. Cookies make it easier for you to log on to and use the Website during future visits. They also allow us to monitor Website traffic and to personalise the content of the Website for you. You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but if you prefer you may be able to modify your browser settings to decline all cookies, or to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, that may hinder the performance of the web Website. For specific details about how to configure your browser you should refer to its supplier or manufacturer.

 

Security

 

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:

 

Digital Heroes SPC

 

 

Use of Personal Information

 

Once you have subscribed to this service, you give consent to Digital Heroes SPC and its partners to use your information for marketing purposes. You may receive communication from us via multiple channels, such as, but not limited to; Automated voice messages, SMSs, e-mail and inbound calls from us or our partner call centre. In the event that you opt out of this service, you will still be marketed to, unless you decide to opt out from the specific campaign.